What are Illegal Interview Questions?
Illegal interview questions are generally considered to be those that are discriminatory in nature. That is, the employer cannot ask questions that might be used to put the applicant at a disadvantage when compared to other candidates. The only illegal questions are those that directly related to a group protected under federal law, such as your race, gender, age, creed, religion, national origin, or sexual orientation.
For example:
How old are you?
Do you have a boyfriend/girlfriend?
Are you married?
What is your nationality?
Are you black, are you white, etc.…
How many children do you have? How old are they? Who will care for them while you are at work?
Have you ever been treated by a psychologist or psychiatrist?
When did you graduate high school?
Do you own a home or rent?
Are you a citizen?
Do you have a disability?
What is your gender identity?
Do you have children, or do you plan to?
Where are you from originally?
What is your maiden name?
What happens when you’re asked an illegal question?
Let’s hope you’re not asked an illegal question during an interview, but you might be. If it happens, consider the best ways to handle it. First, decide if you want to answer it or not. Since it is illegal, you are not required to answer the question, but you can.
Here are a few ways to respond if you’re asked an illegal question:
Although you could say, very forwardly, this is an illegal question, that will likely make the interview even more uncomfortable and may hinder your chances at getting an offer.
Some of the best response options include:
I’d prefer not to answer this.
I don’t believe this will impact my ability to excel in this position.
Ask a question in response:
How does this question relate to the role?
Do you have a question relating to my prior experience?
Redirect the conversation
I’m a big fan of the company’s mission, and I believe I would be a great addition to the team.
Having worked in this industry for more than XX years, I know that I can handle any challenge that comes my way.
Shift the conversation back to your experiences, qualifications, or the role itself. This is a great way to get the interview back on track.
Report the question
Illegal questions make for a difficult interview. You may be tempted to cut the interview short, but do your best to get through it. When it’s over, you can follow up, as if the illegal question never happened, or you can choose to report it.
You have some options:
Make an informal complaint. Call, email, or ask to speak with someone from the HR department and address the issue.
Make a formal complaint by contacting your local U.S. Equal Employment Opportunity Commission (EEOC) office and report the incident.
Know that if you file a formal complaint, you could disrupt your chances of getting a position with that company in the future. That shouldn’t have to be a consideration, but unfortunately, it is. How you move forward depends on the individual situation and your comfort level with that reality.
